SEC. 423.2. DEFINITIONS.

In addition to the definitions set forth in Section 401 of this Article, the following definitions shall govern interpretation of Section 423.1 et seq.

• (a) Eastern Neighborhoods Base Height. The Height limit immediately prior to the adoption of the following:

(1) The Eastern Neighborhoods Plan (Ordinance No. 298-08, on file with the Clerk of the Board of Supervisors in File No. 081153), regardless of subsequent changes in the Height limit, for parcels within the East SoMa Plan Area at the time of plan adoption;

(2) The Western SoMa Area Plan (Ordinance No. 41-13, on file with the Clerk of the Board of Supervisors in File No. 130001), regardless of subsequent changes in the Height limit, for parcels within the Western SoMa Area Plan at the time of plan adoption; or

(3) Ordinance No. 13-14 (on file with the Clerk of the Board of Supervisors in File No. 131161), regardless of subsequent changes in the Height limit, for parcels added to the East SoMa Plan Area by Ordinance No. 13-14.

(b) Central SoMa Base Height.

(1) For all parcels except those described in subsection (2) below, the Height limit established by the Central SoMa Plan (Ordinance No. 296-18, on file with the Clerk of the Board of Supervisors in File No. 180184), regardless of subsequent changes in the Height limit.

(2) Exception for Narrow Sites. Projects on parcels in the CS Bulk District, as defined in Section 270, with a Height limit greater than 85 feet and with no street or alley frontage greater than 100 feet shall be considered for the purposes of Section 423 et seq. to have a Height limit of 85 feet regardless of the parcel’s actual Height limit.

(c) Eastern Neighborhoods Fee Tiers.

• (1) Tier 1.

• (A) All development on sites that received a height increase of eight feet or less, received no height increase, or received a reduction in height, as measured from the Eastern Neighborhoods Base Height;

• (B) The residential portion of all 100% affordable housing projects;

• (C) The residential portion of all projects within the Urban Mixed Use (UMU) district; and

• (D) All changes of use within existing structures.

• (2) Tier 2. All additions to existing structures or new construction on other sites not listed in subsection (1) above that received a height increase of nine to 28 feet, as measured from the Eastern Neighborhoods Base Height;

• (3) Tier 3. All additions to existing structures or new construction on other sites not listed in subsection (1) above that received a height increase of 29 feet or more, as measured from the Eastern Neighborhoods Base Height.

• (d) Central SoMa Fee Tiers. For all applicable projects, the following Fee Tiers apply:

• (1) Tier A.

(A) All development on sites rezoned from SALI or SLI to either CMUO, MUG, MUR, or WMUO with a Height limit at or below 45 feet, pursuant to the adoption of the Central SoMa Area Plan (on file with the Clerk of the Board of Supervisors in File No. 180184).

• (B) All development on all other sites that received a Height increase of 15 feet to 45 feet pursuant to the adoption of the Central SoMa Area Plan (on file with the Clerk of the Board of Supervisors in File No. 180184). (2) Tier B.

• (A) All development on sites rezoned from SAL1 or SLI to either CMUO, MUG, MUR, or WMUO with a Height limit of between 46 and 85 feet, pursuant to the adoption of the Central SoMa Area Plan (on file with the Clerk

of the Board of Supervisors in File No. 180184).

(B) All development on all other sites that received a Height increase of 46 feet to 85 feet pursuant to the adoption of the Central SoMa Area Plan (on file with the Clerk of the Board of Supervisors in File No. 180184).

• (3) Tier C.

(A) For All development on sites rezoned from SALI or SLI to either CMUO, MUG, MUR, or WMUO with a Height limit above 85 feet, pursuant to the adoption of the Central SoMa Area Plan (on file with the Clerk of the Board of Supervisors in File No. 180184).

(B) All development on all other sites that received a Height increase of more than 85 feet pursuant to the adoption of the Central SoMa Area Plan (on file with the Clerk of the Board of Supervisors in File No. 180184).

(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 270-10, File No. 100917, App. 11/5/2010; Ord. 42-13 , File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

AMENDMENT HISTORY

Divisions (a)(1)(A), (a)(2), and (a)(3) amended; Ord. 42-13 , Eff. 4/27/2013. Divisions (a)(1)(A) and (a)(2) amended; Ord. 188-15 , Eff. 12/4/2015. Division (a) designation removed; former divisions (a)(1)- (a)(3) redesignated as divisions (c)(1)-(c)(3) and amended; new divisions (a)-(a)(3), (b)-(b)(2), (c), and (d)- (d)(3)(B) added; Ord. 296-18, Eff. 1/12/2019.